Duty to Retreat

Hagar was asked to write about the duty to retreat and why so many on the left feel it should be a requirement. Her answer was something like “2 to center of mass” She does not believe in the duty to retreat and it is not a topic she engages in when with her more leftist friends. They find her opinion on self defense to be “right wingnut extremist”.

In the 90’s there was a story in the Maryland press. A young man and was going to jail for murder. The press played it up as a “good job” by the jury.

The facts of the case were:

  • Young man was over at his girlfriend’s apartment
  • Girlfriend’s ex-boyfriend showed up at the apartment
  • Ex was told to leave
  • Ex starts banging on the door trying to get in.
  • Girlfriend calls 911
  • Boyfriend announces that he is armed
  • Ex breaks down the door and starts to enter
  • Girlfriend and boyfriend retreat into the bedroom
  • Ex breaks down that door
  • Girlfriend is on the call to 911 the entire time.
  • Boyfriend points gun at Ex and warns him to leave.
  • Ex advances on them
  • Boyfriend fires multiple rounds (but not too many)
  • Ex gets “reach room temperature” achievement
  • Police arrive.
  • Police arrest boyfriend for murder

At trial the prosecution and defense get all of the above into evidence. The defense gets the additional information that they were in a second floor apartment (10 to 12 feet from bedroom window to the ground).

The prosecution argued that the couple had a duty to retreat because the drop from the bedroom window wasn’t that much, they could have escaped.

With jury instructions, the boyfriend was found guilty of first degree murder.

Maryland has no castle doctrine. In Maryland there is always a duty to retreat.

Most states have some sort of duty to retreat, with exceptions.

You have a duty to retreat in all cases. If you can retreat you must make every attempt to retreat as judged by Monday night quarterbacks. Maryland for example.

You have a duty to retreat if you can do so safely. With safety is in the eye of the prosecutor.

You have a duty to retreat everywhere except your own home when you have nowhere else to retreat within your home.

You have a duty to retreat everywhere except your own home.

You have a duty to retreat outside of your home except where you can not do it safely.

You have a duty to retreat except when you are legally allowed to be where you are doing what you are doing. “Stand your ground” type laws.

The leftist mindset on duty to retreat can be exemplified by opinions of the left after 9/11. The opinion pieces constantly harped on the fact that Bush did not order the 2nd, 3rd and 4th hijacked planes shot down. If he had just shot down those 3 planes he would have saved so many thousands of people.

When it was pointed out to them that if he had done that, the left would be screaming for his head as a murder because he couldn’t be sure those hijacked planes were really going to fly into other buildings.

It is the same mindset we hear from the left when the scream about a rape victim murdering her rapist. According to the left, the rape victim should have called the cops, the cops would have then arrested the rapist, and the rapist would have had a trial before a jury of his peers and if he was found guilty by the jury, then and only then could punishment be handed out. But not the death sentence.

Here is the thing that they don’t get, a jury has a very few tasks. Their primary task is to evaluate the evidence presented and decide on the facts of the case. Was a crime committed? Was this the person(s) that committed the crime within the definitions of the crime.

In order to reach those conclusions, the jury evaluates each piece of evidence to see if that evidence is believable and actually implicate the suspect. There isn’t much more a jury does.

When some animal has his cock in a woman and she is able to blow him away, there is no jury required. That is the person committing the crime. They are in fact committing a crime.

There is no need to ask the Jury, “is this the person that raped her?” That fact is easily determined at that instant.

In order to understand this mindset, you need to remember that to the left, the government is the answer. You are never as good at making a decision as the government.

They have this mindset because so many of those that are not NPCs truly believe in what passes for a heart that they know better than others. That their opinion is better than yours, in every case.

If a wild animal is attacking my child I’m going to shoot it dead. I don’t have to have the government give me permission, the animal is attacking my child. That makes it dangerous. That is the end of the discussion.

The left operates from the point that “you could be mistaken”

Worse, the left feels that there are excuses that mitigate the actions of dangerous animals.

In the novel, play and movie “Les Misérables” the “hero” is in prison for stealing a loaf of bread. He excuses himself because he was hungry.

In San Francisco, heck in all of California, stealing less than $1000 worth of goods at one time is not a crime, because people were “shoplifting” in order to feed themselves and their poor hungry children. Would you really want a baby to go without diapers?

This is normal for them. When somebody does something wrong or evil, there is always a cause and that cause is never their own bad actions.

If a woman is being raped then the animal that is doing it that she shot and killed must have been driven to it. Did she bring it on herself? Was she being a tease? Always and forever it is victim blaming. If only she had not stopped to get cash out of the ATM he would still be alive. She didn’t have to shoot him.

When a young man was chased be a mentally deranged man that attempted to take his rifle from him. That young man shoot and killed that mentally deranged man. That child was found guilty in the court of leftist opinion. If he hadn’t been there two men would still be alive today. It is his fault.

If he hadn’t decided to play soldier and bring his assault weapon to a peaceful protest, those men would still be alive. He was looking to kill somebody when he brought a gun to a protest.

And because that young man fired those shoots, two men died, a third almost lost his life, and a forth man had his arm destroyed.

When everything is said and done, the left looks on an armed person as a person that has decided that they have the right to be judge, jury and executioner, all in one. They feel that you are not wise enough to make that determination. They feel that only the government should be allowed to make the decision and only the government should have the right to met out punishment.

You are the Jury as an armed person. You are making a judgement call. You are determining if there is cause for you to use deadly force. You are the Judge. You are deciding if the situation is within the legal boundaries that allow you to use deadly force. And you are the executioner. If you fire that shot you are either a good executioner or a poor one, but you have made the decision to kill another living animal.

If you haven’t looked into your soul and found peace within for making that decision, you might want to rethink carrying a firearm for self-defense.

Be well out there. Be safe.


Comments

5 responses to “Duty to Retreat”

  1. David Douglass Avatar
    David Douglass

    Having lived in every New England state and a few others and having studied use-of-force laws in those states, I am very aware and understand the reasoning of the leftist mind regarding ‘government.’ It comes down to a major difference in ideology; namely, the leftist believes a state of utopia is achievable and a conservative knows it’s impossible to achieve.

    The leftist does not consider themselves as an individual but instead a member of the community as a whole, under the governmental caretaker who defends them. The conservative asserts that they are an individual who has a personal responsibility to maintain a social order which starts with his own life first, then his family’s lives, followed by his neighbors’ lives, and finally the lives of the citizens of the state in which he resides.

    The order of one’s life is the different between the two ideologies. For the leftist, there is a two-step order, the government’s leadership defines the lives of the citizens as a whole community. The idea of an ‘Individual’ is considered treason in their minds. The individual must be converted at all costs or be expelled and or destroyed.

    The conservative’s main objective is to…conserve all elements which create individuality. A true conservative, endeavors to create government by placing a legal stranglehold around the neck of governmental leadership. It is given only enough air to breathe to “assist in the creation and protection of individualism”, nothing more.

    An Individual with the ability to defend themselves by using deadly force when their individualism is gravely threatened is a serious threat against a leftist’s ideology. It is ironic that the leftist’s fears the very thing which enables them to even have an ideology of a socialistic existence. Without a man with a gun, dominating down through history, creating individualism, there would be none of what a liberal leftist enjoys, multifaceted victim class of persons. Instead, there would be just ONE victim class, i.e., everyone who is not a member of the tyrannical government.

    Therefore it is imperative that a conservative must be involved in the creation of laws which affect his individualism. In this case, “Use of Force Law” as defined in state statues, and the implementation understood via case law within the local jurisdiction and the state, is the one essential element within the legal mindset dominating the actions of a concealed weapons holder. A true conservative doesn’t need to be forced to learn how the law is enforced, and how they must conduct themselves to remain within that law, they do it because it is in their nature to do so, it’s the foundation of their individuality.

  2. Two to the chest, the head gets the rest.

    1. EN2 SS Avatar
      EN2 SS

      Keep tactical gear in mind, start low and work your way up to the cranium

      1. BraulerBob Avatar
        BraulerBob

        Two to the chest, next is the pelvic girdle.
        Clint Smith of Thunder ranch fame did a great video on this: https://preparedgunowners.com/2017/03/14/should-you-shoot-him-in-the-dck/

  3. Bad Dancer Avatar
    Bad Dancer

    Well said by Hagar.

    Convicting that guy based because he and his girlfriend did not jump out the windows like acrobats is evil. Lets hold the jury and prosecutor and judge by the same standard and for the sake of fareness have the police wait until the situation is resolved.